Sanjay Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 13221 MP

                                   1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                              CRA No. 2074 of 2023
                  (SANJAY AHIRWAR Vs THE STATE OF MADHYA PRADESH)

Dated : 14-08-2023
      Shri Vishal V.R. Daniel - Advocate for appellant.

      Mr. Prasannajit Chaterjee - Panel Lawyer for State.
      Ms. Shikha Sahu - Advocate for objector/complainant.

      Reserved on              : 11.08.2023
      Pronounced on            : 14.08.2023

      Arguments of both the counsel for the parties are heard at length.
      Judgment and record of the Court below perused.
                                  ORDER

Heard on admission.

The appeal being arguable is admitted for hearing. Also heard on I.A No.3016/2023, which is first application under Section 389(1) of Cr.P.C for suspension of sentence and grant of bail, moved on behalf of the appellant.

T h e appellant has been convicted for the offences punishable under

Sections 3 and 4 of the POCSO Act and sentenced to undergo R.I. for 10 years with fine of Rs.10,000/- and Section 376 of IPC and sentenced as per Section 42 of the POCSO Act, with default stipulations.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the matter. He also submits that the trial Court has not properly appreciated the oral and documentary evidence available on record and committed error in convicting the appellant for aforesaid offence.

Appellant is in custody and the appeal would take considerable time to conclude. He is ready to furnish adequate surety and shall abide by the directions and conditions, which may be imposed by this Court. Hence, it is prayed that the application for suspension of sentence may be considered.

On the other hand, learned counsels for the State and for the objector have opposed the application and prayed for its rejection.

Heard counsel for the parties and perused the record. Looking to the o ver all facts and circumstances of the case and the evidence available on record as well as the grounds raised about infirmities in its appreciation, I find it to be a fit case to suspend the jail sentence of the

appellant and to release him on bail, therefore, without commenting on the merit of the case, this application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the appellant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 30.10.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Accordingly, the aforesaid I.A. No.3016/2023 stands allowed and disposed of.

List this case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

rv

Digitally signed by NITESH PANDEY Date: 2023.08.14 19:13:03 +05'30' Adobe Reader version: 11.0.8